S. 1685 2
S 224-B. ESTABLISHMENT OF THE EMERGENCY ZONE EDUCATION PROGRAM. THE
COMMISSIONER OF TRANSPORTATION, AFTER CONSULTATION WITH THE COMMISSION-
ER, SHALL PROMULGATE RULES AND REGULATIONS REGARDING THE ESTABLISHMENT
AND IMPLEMENTATION OF AN EMERGENCY ZONE EDUCATION PROGRAM. THE EMERGEN-
CY ZONE EDUCATION PROGRAM SHALL BE ESTABLISHED FOR THE PURPOSE OF
PROVIDING EDUCATION, ADVOCACY AND LAWS PERTAINING TO PROTECTING THE
SAFETY OF PERSONS OPERATING MOTOR VEHICLES WITHIN AN EMERGENCY ZONE AND
THE VICTIMS OF EMERGENCIES. THE PROGRAM SHALL PROVIDE FUNDING FROM
MONEY APPROPRIATED TO THE DEPARTMENT FROM THE EMERGENCY ZONE SAFETY
EDUCATION FUND, AS ESTABLISHED BY SECTION EIGHTY-FIVE OF THE STATE
FINANCE LAW FOR ACTIVITIES SUCH AS PUBLIC SERVICE ANNOUNCEMENTS, PUBLIC
EDUCATION AND AWARENESS CAMPAIGNS, DISTRIBUTION OF LITERATURE, AND ANY
OTHER ACTIVITIES THAT ARE CONSISTENT WITH SUCH PURPOSES.
2. IT SHALL BE THE DUTY OF THE COMMISSIONER OF TRANSPORTATION TO
SUBMIT, ON OR BEFORE APRIL FIRST COMMENCING IN TWO THOUSAND SEVENTEEN, A
BIENNIAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY WHICH SHALL INCLUDE AN ASSESSMENT OF THE
EFFECTIVENESS OF THE PROGRAM, RECOMMENDATIONS FOR EXPANDING OR IMPROVING
THE PROGRAM, AND ANY PROBLEMS OR OTHER MATTERS RELATED TO THE ADMINIS-
TRATION OF THE PROGRAM.
S 4. Article 11 of the vehicle and traffic law is amended by adding a
new section 389 to read as follows:
S 389. OPERATION OF A VEHICLE IN AN EMERGENCY ZONE; CIVIL LIABILITY.
EVERY OWNER OF A MOTOR VEHICLE OPERATED IN THIS STATE AND EVERY OPERATOR
OF SUCH A VEHICLE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR TREBLE
DAMAGES IN ANY CAUSE OF ACTION FOR PROPERTY DAMAGE, PERSONAL INJURY
AND/OR WRONGFUL DEATH WHEN SUCH MOTOR VEHICLE WAS OPERATED IN VIOLATION
OF SUBDIVISION (F-1) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
AND THE DAMAGE, INJURY OR DEATH WAS PROXIMATELY CAUSED BY SUCH
VIOLATION.
S 5. Subdivision 3 of section 502 of the vehicle and traffic law, as
amended by chapter 458 of the laws of 2011, is amended to read as
follows:
3. Application for learner's permit. An application for a learner's
permit shall be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has satisfactorily completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an applica-
tion for a learner's permit the commissioner shall provide the applicant
with a driver's manual which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological effects of
driving while ability impaired and driving while intoxicated, the law
for exercising due care to avoid colliding with a parked, stopped or
standing authorized emergency vehicle or hazard vehicle pursuant to
section eleven hundred forty-four-a of this chapter, THE LAW RELATING TO
THE SPEED LIMIT WITHIN AN EMERGENCY ZONE PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER, explanations of traffic signs and
symbols and such other matters as the commissioner may prescribe.
S 6. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 458 of the laws of
2011, is amended to read as follows:
S. 1685 3
(i) Upon submission of an application for a driver's license, the
applicant shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the law relating to exer-
cising due care to avoid colliding with a parked, stopped or standing
authorized emergency vehicle or hazard vehicle pursuant to section elev-
en hundred forty-four-a of this chapter, THE LAW RELATING TO THE SPEED
LIMIT WITHIN AN EMERGENCY ZONE PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER, the ability to read and comprehend traffic signs and
symbols and such other matters as the commissioner may prescribe, and to
satisfactorily complete a course prescribed by the commissioner of not
less than four hours and not more than five hours, consisting of class-
room driver training and highway safety instruction or the equivalent
thereof. Such test shall include at least seven written questions
concerning the effects of consumption of alcohol or drugs on the ability
of a person to operate a motor vehicle and the legal and financial
consequences resulting from violations of section eleven hundred nine-
ty-two of this chapter, prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test shall include
one or more written questions concerning the devastating effects of
"Road Rage" on the ability of a person to operate a motor vehicle and
the legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another person legally
using the roadway. Such test shall include one or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone. Such test may
include one or more questions concerning the law for exercising due care
to avoid colliding with a parked, stopped or standing authorized emer-
gency vehicle or hazard vehicle pursuant to section eleven hundred
forty-four-a of this chapter. Such test shall be administered by the
commissioner. The commissioner shall cause the applicant to take a
vision test and a test for color blindness. Upon passage of the vision
test, the application may be accepted and the application fee shall be
payable.
S 7. Paragraph b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xviii) to read as
follows:
(XVIII) FOR A PERIOD OF SIXTY DAYS WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER WITHIN THIRTY-SIX MONTHS OF A PREVIOUS VIOLATION OF SUCH SUBDI-
VISION.
S 8. Subdivisions (e) and (f) of section 1180 of the vehicle and traf-
fic law, subdivision (e) as amended by chapter 465 of the laws of 2010
and subdivision (f) as amended by chapter 432 of the laws of 1997, are
amended and a new subdivision (f-1) is added to read as follows:
(e) The driver of every vehicle shall, consistent with the require-
ments of subdivision (a) of this section, drive at an appropriate
reduced speed when approaching and crossing an intersection or railway
grade crossing, when approaching and going around a curve, when
approaching a hill crest, [when approaching and passing by an emergency
situation involving any authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red, white, and/or blue lights pursuant to the provisions
of paragraph two and subparagraph b of paragraph four of subdivision
S. 1685 4
forty-one of section three hundred seventy-five of this chapter,] when
traveling upon any narrow or winding roadway, and when any special
hazard exists with respect to pedestrians, or other traffic by reason of
weather or highway conditions, including, but not limited to a highway
construction or maintenance work area.
(f) Except as provided in [subdivision] SUBDIVISIONS (F-1) AND (g) of
this section and except when a special hazard exists that requires lower
speed for compliance with subdivision (a) or (e) of this section or when
a lower maximum speed limit has been established, no person shall drive
a vehicle through a highway construction or maintenance work area at a
speed in excess of the posted work area speed limit. The agency having
jurisdiction over the affected street or highway may establish work area
speed limits which are less than the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed the
work area speed limit by no more than twenty miles per hour; and
provided further that no such work area speed limit may be established
at less than twenty-five miles per hour.
(F-1) NO PERSON SHALL OPERATE A VEHICLE THROUGH AN EMERGENCY ZONE AT A
SPEED IN EXCESS OF TWENTY MILES PER HOUR BELOW THE POSTED SPEED LIMIT OR
IN EXCESS OF TWENTY MILES PER HOUR, WHICHEVER SHALL BE GREATER.
S 9. The opening paragraph and the opening paragraph of paragraph 4 of
subdivision (h) of section 1180 of the vehicle and traffic law, the
opening paragraph as amended by chapter 173 of the laws of 1990 and the
opening paragraph of paragraph 4 as amended by section 7 of part C of
chapter 62 of the laws of 2003, are amended to read as follows:
Upon a conviction for a violation of subdivision (b), (c), (d), (f),
(F-1) or (g) of this section, the court shall record the speed upon
which the conviction was based on the certificate required to be filed
with the commissioner pursuant to section five hundred fourteen of this
chapter, or if the conviction occurs in an administrative tribunal
established pursuant to article two-A of this chapter, the speed upon
which the conviction was based shall be entered in the department's
records.
Every person convicted of a violation of subdivision (c) of this
section when such violation occurs in a school speed zone during a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
OR A VIOLATION OF SUBDIVISION (F-1) OF THIS SECTION shall be punished as
follows:
S 10. Subdivision (a) of section 1680 of the vehicle and traffic law,
as amended by chapter 722 of the laws of 2006, is amended to read as
follows:
(a) The department of transportation shall maintain a manual and spec-
ifications for a uniform system of traffic-control devices consistent
with the provisions of this chapter for use upon highways within this
state. Such uniform system shall correlate with and so far as practica-
ble conform to nationally accepted standards. To the extent that the
National Manual on Uniform Traffic Control Devices (hereinafter referred
to in this section as MUTCD), promulgated by the Federal Highway Admin-
istration pursuant to subpart F of part 655 of Title 23 of the Code of
Federal Regulations and subject to a public comment period under federal
law, does not conflict with the provisions of this chapter and the
provisions of other laws of the state, the National MUTCD shall consti-
tute such state manual and specifications; provided, however, such manu-
al and specifications may be modified by the commissioner of transporta-
tion by the adoption of a supplement or supplements as such commissioner
of transportation determines warranted and in compliance with the appli-
S. 1685 5
cable provisions of the state administrative procedure act. PROVIDED,
FURTHER, THAT THE COMMISSIONER OF TRANSPORTATION SHALL ESTABLISH SPEC-
IFICATIONS FOR THE FORM, CONSTRUCTION, USE AND PLACEMENT OF EMERGENCY
ZONE SIGNS, WHICH SHALL BE INCLUDED IN THE MANUAL. The manual and its
specifications is adopted as the state standard for traffic control
devices on any street, highway, or bicycle path open to public travel.
No person shall install or maintain in any area of private property used
by the public any sign, signal, marking or other device intended to
regulate, warn or guide traffic unless it conforms with the state manual
and specifications maintained under this section. Unless otherwise
provided for by the adoption of a supplement by the commissioner of
transportation, the operational practices related to emergency incident
responses provided in the manual shall apply to police officers and
other emergency responders responding to an emergency only in so far as
such officers or emergency responders deem compliance with the manual
practicable.
S 11. The vehicle and traffic law is amended by adding a new section
1809-f to read as follows:
S 1809-F. MANDATORY SURCHARGE FOR VIOLATION OF MAXIMUM SPEED LIMITS IN
EMERGENCY ZONE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER
PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR COURT RESULT IN A FINDING
OF LIABILITY OR CONVICTION FOR A VIOLATION OF SUBDIVISION (F-1) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A
MANDATORY SURCHARGE IN ADDITION TO ANY OTHER SENTENCE, FINE OR PENALTY
OTHERWISE PERMITTED OR REQUIRED, IN AN AMOUNT OF NOT LESS THAN ONE
HUNDRED DOLLARS, NOR MORE THAN TWO HUNDRED FIFTY DOLLARS. SUCH SURCHARGE
SHALL NOT BE DEEMED A MONETARY PENALTY FOR THE PURPOSES OF SECTION TWO
HUNDRED THIRTY-SEVEN OF THIS CHAPTER OR SECTION 19-203 OF THE ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK.
2. THE MANDATORY SURCHARGE PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
NAL THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN DAYS
OF THE MONTH NEXT SUCCEEDING THE COLLECTION OF SUCH SURCHARGE, THE
COLLECTING AUTHORITY SHALL PAY SUCH MONEY TO THE STATE COMPTROLLER TO BE
DEPOSITED IN THE EMERGENCY ZONE SAFETY EDUCATION FUND ESTABLISHED BY
SECTION EIGHTY-FIVE OF THE STATE FINANCE LAW.
S 12. The penal law is amended by adding two new sections 120.63 and
120.65 to read as follows:
S 120.63 VEHICULAR ASSAULT IN AN EMERGENCY ZONE.
A PERSON IS GUILTY OF VEHICULAR ASSAULT IN AN EMERGENCY ZONE WHEN HE
OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON, WHILE HE OR SHE OPER-
ATES A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW, AFTER HAVING PREVIOUSLY
BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A VIOLATION OF SUCH
SUBDIVISION.
VEHICULAR ASSAULT IN AN EMERGENCY ZONE IS A CLASS B MISDEMEANOR.
S 120.65 AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY ZONE.
A PERSON IS GUILTY OF AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY
ZONE WHEN HE OR SHE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
WHILE HE OR SHE OPERATES A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION
(F-1) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW,
AFTER HAVING PREVIOUSLY BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS,
OF A VIOLATION OF SUCH SUBDIVISION.
AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY ZONE IS A CLASS A MISDE-
MEANOR.
S. 1685 6
S 13. The penal law is amended by adding a new section 125.65 to read
as follows:
S 125.65 VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE.
A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE WHEN
HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON, WHILE HE OR SHE OPERATES A
MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW, AFTER HAVING PREVIOUSLY
BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A VIOLATION OF SUCH
SUBDIVISION.
VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE IS A CLASS E FELONY.
S 14. The penal law is amended by adding a new section 145.28 to read
as follows:
S 145.28 CRIMINAL MISCHIEF IN AN EMERGENCY ZONE.
A PERSON IS GUILTY OF CRIMINAL MISCHIEF IN AN EMERGENCY ZONE WHEN HE
OR SHE CAUSES DAMAGE TO THE PROPERTY OF ANOTHER PERSON, WHILE HE OR SHE
OPERATES A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION
ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW, AFTER HAVING
PREVIOUSLY BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A
VIOLATION OF SUCH SUBDIVISION.
CRIMINAL MISCHIEF IN AN EMERGENCY ZONE IS A VIOLATION.
S 15. The state finance law is amended by adding a new section 85 to
read as follows:
S 85. EMERGENCY ZONE SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS THE
"EMERGENCY ZONE SAFETY EDUCATION FUND".
2. THE FUNDS SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISIONS OF LAW TO BE
PAID INTO OR CREDITED TO SUCH FUND, COLLECTED BY THE MANDATORY
SURCHARGES IMPOSED PURSUANT TO SUBDIVISION ONE OF SECTION EIGHTEEN
HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC LAW. NOTHING CONTAINED IN THIS
SECTION SHALL PREVENT THE DEPARTMENT OF MOTOR VEHICLES FROM RECEIVING
GRANTS OR OTHER APPROPRIATIONS FOR THE PURPOSES OF THE FUND AS DEFINED
IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO IMPLEMENT
THE PROVISIONS OF SECTION TWO HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND
TRAFFIC LAW AND MAY BE USED TO EXECUTE CONTRACTS WITH PRIVATE ORGANIZA-
TIONS FOR SUCH PURPOSES. SUCH CONTRACTS SHALL BE AWARDED UPON COMPET-
ITIVE BIDS AFTER THE ISSUANCE OF REQUESTS FOR PROPOSALS.
S 16. On or before September 1, 2020, the commissioner of transporta-
tion shall submit a report to the governor, the temporary president of
the senate and the speaker of the assembly detailing and analyzing the
effectiveness of the provisions of this act in improving the safety at
the scenes of highway emergencies.
S 17. This act shall take effect November 1, 2015; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.